CBCA 5803

Eagle Mechanical, Inc.

Aug 22, 2017Judge SullivanGENERAL SERVICES ADMINISTRATION
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
Eagle Mechanical, Inc.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Sullivan
Case number
CBCA 5803
Decided
Aug 22, 2017The decision states Aug 22, 2017 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed for lack of jurisdiction
The appeal is DISMISSED FOR LACK OF JURISDICTION.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Jurisdiction and timelinessProcedure and sanctions

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions. They are ordered strongest first.

Appearances

For the appellant
Daniel Hail
Eagle Mechanical, Inc.
Indianapolis, IN
For the respondent
Robert W. Foltman
Office of Regional Counsel, General Services Administration
Chicago, IL
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 3,025 characters, read from the Board's own documentDecided Aug 22, 2017 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Cases cited

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DISMISSED FOR LACK OF JURISDICTION: August 22, 2017

CBCA 5803

EAGLE MECHANICAL, INC.,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Daniel Hail, President of Eagle Mechanical, Inc., Indianapolis, IN, appearing for Appellant.

Robert W. Foltman, Office of Regional Counsel, General Services Administration, Chicago, IL, counsel for Respondent.

Before Board Judges DRUMMOND, SULLIVAN, and BEARDSLEY.

SULLIVAN, Board Judge.

In response to a show cause order issued by the Board, the parties have acknowledged that appellant, Eagle Mechanical, Inc., was a subcontractor on a contract with respondent, General Services Administration (GSA), and that an appeal must be filed by the prime contractor. The Board dismisses the appeal for lack of jurisdiction.

On July 27, 2017, the Board docketed an appeal filed by Eagle Mechanical from a contracting officer’s decision. That decision was addressed to Valiant Construction, LLC, and described Eagle Mechanical as a subcontractor to Valiant Construction. Eagle Mechanical explains in its notice of appeal that it sought the increased costs of refrigerant piping installed in the federal building and courthouse in Indianapolis, Indiana.

The Board’s jurisdiction to entertain appeals involving contract disputes derives from the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012). The CDA provides the Board with jurisdiction to entertain appeals arising out of disputes involving contracts between contractors and executive branch agencies. Id. § 7102(a). The CDA does not confer upon the Board jurisdiction to consider appeals brought by subcontractors who do not have a contract and, therefore, are not in privity with the Federal Government. Id.; United States v. Johnson Controls, Inc., 713 F.2d 1541, 1550 (Fed. Cir. 1983); BPI Management Inc. v. Department of Housing & Urban Development, CBCA 1894, 10-2 BCA ¶ 34,495, at 170,142. However, a prime contractor may appeal on behalf of a subcontractor, in the nature of a pass-through suit, for costs incurred by the subcontractor. E.R. Mitchell Construction Co. v. Danzig, 175 F.3d 1369, 1370 (Fed. Cir. 1999).

The Board issued a show cause order to determine whether it had jurisdiction to consider this matter. In response to this order, both parties confirmed that Eagle Mechanical was a subcontractor to Valiant Construction and was not in privity with the agency. GSA further noted that Eagle Mechanical had not established that Valiant Construction had authorized Eagle Mechanical to appeal on its behalf. Eagle Mechanical acknowledged that a proper appeal would have to proceed through Valiant Construction since that entity was the prime contractor with GSA. Based upon these acknowledgments, the Board lacks jurisdiction over the current appeal filed by Eagle Mechanical.

Decision

The appeal is DISMISSED FOR LACK OF JURISDICTION. ___________________________ MARIAN E. SULLIVAN

Board Judge

We concur:

JEROME M. DRUMMOND

Board Judge

ERICA S. BEARDSLEY

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Eagle Mechanical, Inc., CBCA 5803. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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